Smith v. Smith

KNIGHT, District Judge.

The plaintiff and defendant are husband and wife. An action was brought in the Su preme Court, Erie County, New York, by tbe plaintiff against the defendant, to procure a judgment of separation and' for an award of alimony for the support and maintenance of the plaintiff. Upon the trial of the issues the defendant set up a counterclaim for divorce. ■On the trial of the issues plaintiff obtained judgment awarding permanent alimony and costs of the action.

An execution for the recovery of the costs was issued and returned unsatisfied, and a garnishee execution subsequently…